Kelly Stewart Resume

Kelly  has more than 30 years' experience representing companies and  individuals in a wide variety of complex commercial, products liability  and toxic tort litigation in state, federal, and arbitral forums. He has  served as national coordinating counsel in multi-district litigation and  has developed and advised clients on and implemented litigation  strategies for high-stakes litigation. Kelly also has substantial experience with e-discovery data retention, collection, and processing. 

Kelly is Peer Review rated AV® Preeminent™ (5.0 out of 5.0)—the highest rating by Martindale-Hubbell©.

Prior to forming K Stewart Law, Kelly was a litigation partner at Jones Day in Dallas, Texas.

K Stewart Law, P.C.

4597 Belfort Avenue, Dallas, Texas 75205

972-308-6168

•  K Stewart Law, P.C. (Owner, 2014 to present)
• Jones Day (Partner, 2002 to 2013; Associate, 1994-2001)
• Gardere & Wynne (Associate, 1991-1994)

• J.D. (1991, summa cum laude; Research Editor, Law Review), Oklahoma City University
• B.S. (1988, Agricultural Communications), Oklahoma State University
• A.S. (1986, Agriculture), Casper College, Casper, Wyoming

• Texas
• U.S. Court of Appeals for the Fifth Circuit
• U.S. District Courts for the Northern, Western, Southern, and Eastern Districts of Texas
• Central District of Illinois

• Foreign-Made Product Claims: Handling the Crisis, co-author, article published in The Practical Litigator
• E-Filing or E-Failure: New Risks Every Litigator Should Know, co-author, article published in For The Defense and linked to by the U.S. District Court for the Western District of Missouri  
• "Strategic Discovery: Taking Steps to Avoid Litigation's Black Hole," panelist, webcast to CFOs, compliance officers, general counsel, and senior-level executives
• "Ethical Considerations with Taxpayer Workpapers and Other Confidential Information—Protecting Confidentiality and Preventing or Limiting Abuse by Taxing Authorities," panelist, presentation for Tax Executives Institute
• "Basic Litigation Considerations for Law Firm Records Managers," presenter, presentation for law firm records custodians and managers
• Various in-house CLEs on records retention and litigation issues, presenter

 Business and Commercial Litigation

• Represented online internet travel companies in litigation where Texas city sought to hold companies liable for hotel occupancy taxes under local ordinances; obtained summary judgment in favor of the online internet travel companies, which was upheld by appellate courts and was key to defeating $85+ million judgment in another case.
• Represented hotel in wrongful death claim, where murder of hotel clerk by hotel guest was blamed on inadequate security.
• Obtained favorable jury verdict against Internet service provider based on water damage caused to home of client.
• Obtained temporary restraining order for product merchandiser in suit against former employee for breach of fiduciary duty based on improper use of trade secrets.
• Defeated in federal court third-party subpoena issued by major technology company against . 
• Represented architecture firm in suit against former partner for breach of fiduciary duty and theft of trade secrets.  Coordinated dissolving of business relationship.
• Obtained temporary restraining order for fast food restaurant in claim of theft of trade secrets based on improper use of food preparation table.
• Represented logistics provider in suit alleging violations of Uniformed Services Employment and Reemployment Rights Act.
• Represented individuals in suit against former employer for gender discrimination, defamation and interference claims.
• Defended gas pipeline company in adversary proceeding in bankruptcy court against fraud and breach of duty of good faith claims based on alleged misrepresentations in natural gas pipeline transaction.
• Arbitrated claim against synthetic bone graft material distributor, where German manufacturer of material claimed distributor violated international distribution and marketing agreement.
• Represented gasoline pump manufacturer in arbitration seeking indemnification for property damages arising from gasoline spill, where damages were blamed on alleged defective repair of gasoline pump.
• Represented lender in pursuing claims, including a receivership, against borrowers in bankruptcy and state courts.
• Represented various individuals in contract dispute before Industrial Relations Commission, New South Wales, Australia.
• Represented financial advisory services company in breach of fiduciary duty claims arising during chapter 11 bankruptcy case.   
• Represented debtor in arbitration claims stemming from the chapter 11 restructuring of the then largest animal-feed producer in the U.S., involving more than $750 million in debt.
• Represented chemical manufacturer in property damage case, where property damage from ammonium perchlorate was blamed on failure to warn of the chemical's hazards when sold to entity using the chemical on property.
• Represented lessee of property in personal-injury action where injuries from 29-foot fall were blamed on lessee's improper control of the premises.
• Represented financial advisory services company as garnishee in garnishment proceedings.
• Obtained disqualification of counsel of opposing party in multiple lawsuits filed by assisted living center developers and managers.
• Defeated Texas Citizens Participating Act (anti-SLAPP) motion to dismiss filed by current officers and directors of auto paint-repair company.
• Obtained and defended temporary restraining orders in various employment-related disputes.

Product Liability and Toxic Tort Litigation

• Represented major chemical company in suits involving claims that plaintiffs’ alleged brain damages, cancer and birth defects were caused by exposure to trichloroethylene and 1,1,1 trichloroethane. 
• Led defense of major chemical company in more than four dozen toxic tort suits nationwide involving claims that vinyl chloride caused plaintiffs' cancers and other diseases.  Coordinated multi-jurisdictional defense with numerous other defendants and defended industry-wide conspiracy claims based on allegations that industry conspired to hide health effects of vinyl chloride.
• Represented major chemical company in suits involving claims that movement disorders caused by exposure to methylene chloride.
• Represented major chemical company in suits involving claims that lung injuries were caused by exposure to sulfur monochloride.
• Obtained summary judgment of claims against major chemical manufacture based on alleged trichloroethylene exposure.
• Represented pest control company in cases involving claims that pesticides were improperly applied and caused serious personal injuries
• Represented toy manufacturer and retailers in connection with a number of U.S. federal and state and foreign lawsuits and regulatory actions arising out of voluntary recalls of toys due to lead paint.
• Defended rifle manufacturer in personal-injury cases in which rifles allegedly failed upon firing.
• Represented diesel engine manufacturer in wrongful death and personal-injury action, where four burn deaths and other personal injuries were blamed on diesel engine overspeed, fire and explosion.
• Defended furnace manufacturer against wrongful death and personal-injury action where furnace was alleged to be defectively designed.
• Defended gas line pipe-coupler manufacturer in personal-injury action where burn injuries to four adolescents were blamed on defective pipe-coupler.

Other Select Representations

• Seconded at a public building-facilities services company with American and international operations—acted as Deputy General Counsel, handling litigation and business disputes, contract review, counseling on commercial law issues, and other general corporate matters.
• Obtained favorable Texas Attorney General Opinion for software developer on viability of its business model.
• Represented microchip manufacturer in breach of license agreement and patent infringement case.
• Represented power turbine manufacturer in age discrimination claim.
• Argued appeal of judgment to the U.S. Court of Appeals for the Fifth Circuit in race and age discrimination case against semi-conductor manufacturer.
• Argued appeals in Texas Fifth District Court of Appeals (Dallas) and Texas Second District Court of Appeals (Fort Worth).